A/HRC/22/50/Add.2
63.
The Special Rapporteur notes the important initiatives that Cameroon has taken in
this area, notably with regard to zoning, improved transparency, regulation of the process
for awarding forest exploitation rights, as well as the efforts made to combat corruption –
which remains a major challenge. He also notes the beneficial effects of the tendering
system on the amounts that companies are willing to pay to gain access to forests.30
However, he encourages the Government to continue to improve its policy on taxation of
agricultural and forest concessions in order to optimize revenue from natural resources and
ensure both that it matches the value of the resources being harnessed and that the resources
are being sustainably managed. Cameroon has a set of agro-climatic conditions that are
unique in Central Africa in terms of their suitability for oil palm cultivation, while the
proximity of Douala port means that it costs less to harness forest resources than in other
Central African countries where high transportation costs have a dampening effect on
profits. Given these conditions, the Special Rapporteur finds it difficult to understand why
Cameroon does not try to take full advantage of the exploitation of resources whose valueadded is taken by foreign groups which then expatriate their profits and engage in tax
engineering and/or tax evasion, to minimize their tax burden, inter alia, by manipulating the
prices of transfers to subsidiaries based in tax havens.
64.
The Special Rapporteur notes that some stakeholders, notably the International
Monetary Fund, recommend that Cameroon lower its taxes on the exploitation of natural
resources, including forest resources. He disagrees entirely with this recommendation.
Apart from the “race to the bottom” that this would trigger in the other countries of the
Congo Basin, and the resulting loss of revenue for the State, there is no need to lower taxes
in order to attract the main forestry companies (companies like Wijmar and Rougier operate
in the country despite the current level of taxation). Such a measure would serve not only to
attract companies that are less technically qualified and less concerned about the
sustainable exploitation of the forests and respect for the rights of local communities, but
also to accelerate the deforestation of tropical forests, which are slow to regenerate, and this
when the true value of forests is better understood. In fact, most countries of the Congo
Basin have raised forest taxes considerably over the past decade.31 The World Bank
estimates that the tax rate has stabilized at an average of 19 per cent of company turnover.32
65.
In this connection, the Special Rapporteur encourages Cameroon to learn from the
experience with the Chad-Cameroon pipeline. Cameroon failed in its bid to have
modifications made to the initial contract, the conditions of which (negotiated on the basis
of the low price per barrel at the time) are extremely disadvantageous to Cameroon, with
transit costs of only US$ 0.41 per barrel. The fact that the leases on agricultural concessions
allow for the renegotiation of the annual royalty only every 15 years “by agreement
between the parties” renders the clause a virtual dead letter.
66.
Lastly, the Special Rapporteur notes that the Government is willing to take
advantage of the opportunities presented by the United Nations Collaborative Programme
on Reducing Emissions from Deforestation and Forest Degradation in Developing
Countries (UN-REDD), which offers compensation for forest conservation. He encourages
the Government to explore the possibilities for funding forest conservation activities, and
30
31
32
16
See in particular: Observatory for the Forests of Central Africa (OFAC), The Forests of the Congo
Basin – State of the Forest, 2010, p. 274.
COMIFAC, Étude sur l’évaluation de la contribution des redevances forestières dans le
développement socioéconomique des populations d’Afrique centrale (Study on the evaluation of the
contribution of forest taxes to the socioeconomic development of the populations of Central Africa),
Sub-regional summary report, Study presented at the 6th ordinary session of the COMIFAC Council
of Ministers, Kinshasa, 8 November 2010.
G. Topa, A. Karsenty, C. Megev and L. Debroux, 2010, op. cit., p. 77.
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